Distracted driving accidents are common in Florida. When you are injured in an auto accident caused by a distracted driver, Florida law allows you to claim compensation from the at-fault driver. But you need to prove the negligence of the responsible party to obtain maximum benefits. On the other hand, Florida is a state that practices comparative negligence where you are compensated in proportionate to your involvement in the accident. That’s why you need to hire the best Clermont distracted driving accident lawyer to handle your case.
Florida has its own share of distracted driving accident attorneys. But all of them are not created alike. Your research plays an important part when choosing the best car accident lawyer to handle your case. Winters and Yonker is a trusted name in Clermont FL for your personal injury lawsuit. We employ some of the best personal injury lawyers in the industry. Our team of distracted driving accident lawyers has won millions of dollars on behalf of our clients.
We will negotiate with the defendant’s insurance company to obtain maximum compensation for your injuries. If the insurance company tries to pay out the minimum amount of compensation, our team will not hesitate to take your case to trial and get you the benefits that you rightly deserve. That’s why you need to rely on our distracted driving accident attorneys to handle your case. Call Winters and Yonker at (888) 373-7770 right now to prepare and present your case and obtain maximum compensation for your injuries.
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What is Distracted Driving?
Distracted driving causes many accidents on the roads around Florida. It’s a major hazard to other vehicles and pedestrians using the roads. Distracted driving is defined as the practice of taking one’s attention off of the road ahead while driving. Drivers may take their attention off of the road for many reasons. For example, if the driver is texting while he or she is driving, his/her attention isn’t 100% focused on the road ahead. Such a practice can easily result in an accident and cause serious injuries to other drivers and passengers on the road.
Types of Distracted Driving
While there are several types of distracted driving practices out there, here are the four major types of distractions while driving.
Manual distractions will prompt the driver to remove his/her hands from the steering wheel of the vehicle. For example, the driver may try to grab something that falls off the passenger seat, reach out to greet someone in the vehicle, try to place a CD into the stereo of the car, or reach out to adjust the radio station of the vehicle. All these are manual distractions that may cause accidents.
Visual distractions will cause the driver to take his/her eyes off of the road while driving. In fact, there are many situations where a driver may look away from the road ahead such as trying to change the radio station in the car, grabbing a loose item in the vehicle, or looking at a street sign while driving the vehicle. Motor vehicles cover a lot of ground in very little time. Hence, a driver who doesn’t watch the road ahead attentively may bump into other vehicles or even run off the road.
Sound-related distractions are defined as auditory distractions. If passengers in the vehicle are talking loudly, the driver may lose his/her attention even for a moment. On the other hand, loud music is also considered an auditory distraction. The driver can also be distracted from sounds that come from work zones. If they try to look to see what is causing the noise, their attention will be off the road even momentarily.
When a driver takes his/her mind off of the road, it’s defined as a cognitive distraction. The driver may have repetitive thoughts or even daydreams that could distract his/her attention. On the other hand, the driver could be distracted by something he or she saw or heard.
Laws Regarding Distracted Driving in Florida
The Wireless Communications While Driving Law took effect on July 1, 2019, which requires the driver to put his/her phone down and focus on driving.
. Section 316.305, Florida Statutes prohibit drivers from manually typing multiple letters, numbers, or symbols into a mobile phone. In fact, text, email, and instant messages are prohibited while driving the vehicle.
. Section 316.306, Florida Statutes prohibit using a mobile phone in a handheld manner in work and school zones in Florida.
What Damages Can Victims Get From A Distracted Driving Claim in Florida?
Florida is a state that practices comparative negligence which means the compensation claimed by the plaintiff should be proportionate to his or her involvement in the accident. If the court finds out that the plaintiff is 40% involved in the accident, they will award only 60% of the total compensation due to the plaintiff.
The victim can claim economic, non-economic, and punitive damages in Clermont FL. Economic damages are easy to calculate and include medical bills, loss of earnings, future medical costs, and loss of enjoyment in life. Non-economic damages are hard to calculate and include suffering, pain, loss of companionship, and mental distress. On the other hand, punitive damages are awarded to the plaintiff to deter the defendant from similar conduct in the future.
How Long do I Have to File a Claim in Florida?
Florida’s statute of limitations comes into effect after four years of the accident. If you fail to act within this time frame you will be unable to file a compensation claim.
Why Do I Need a Clermont Car Accident Lawyer?
A lawyer has the necessary experience to prepare and file your lawsuit and negotiate a fair settlement with the insurance company of the defendant. The lawyers at Winters and Yonker are highly specialized in filing distracted driving accident lawsuits on behalf of their clients. They will take your case to trial if the insurance company isn’t ready to provide you with the maximum benefits for your injuries.
When you are injured in an auto accident caused by a distracted driver in Clermont FL, you are entitled to receive compensation in proportionate to your involvement in the accident. You need to hire a reliable personal injury lawyer to handle your case. Call Winters and Yonker at (888) 373-7770 right now to prepare and present your case and obtain maximum compensation for your injuries.